MCVLawBlog | MCV Law

Trial Work Period

Posted by: MCVLawBlog In: Uncategorized 12 Jan 2017 Comments: 0

The Trial Work Period is a program where Social Security allows SSDI beneficiaries to try to return to work without losing their benefits.

During the first nine months that you return to work, you will continue to receive your SSDI benefits. At the end of nine months of work, your trial work period is over, and the SSA will decide if you have been doing “substantial gainful activity,” or SGA. (SGA for 2017 is generally earning $1,170 or more per month.) If your average earnings are over the SGA amount, your SSDI benefits will end. You must report your work activity and earnings to Social Security.

You are entitled to nine trial work months during your trial work period(which is 60 months), and a month doesn’t count toward your nine months if you make less than $840 (gross per month) or if you work less than 80 hours per month in self-employment (irrespective of the amount earned).

Also, if you have expenses that are incurred in the course of your employment that relate directly to your disability (such as needing a specific type of computer or a certain type of wheelchair), the Social Security Administration will deduct those expenses from your gross earnings before they determine if you are over the limit.

The part that traps a lot of people I speak with is that your nine trial work months need not be consecutive, so there can be gaps between your trial work months that count toward your nine-month limit. You only get 9 trial work months in a 60 month period.

Once you have used nine trial work months during any five-year period, you have exhausted your trial work period and are not entitled to another trial work period (unless your SSDI benefits end due to working, and you subsequently become entitled to benefits again by submitting a new application for SSDI benefits or through expedited reinstatement.

Still Have Questions On Trial Work Period? Get Answers From SSDI Lawyers

Contact our SSDI lawyers near Syracuse, NY and Watertown, NY for a free initial consultation.

A Workers’ Compensation Case Gone Wrong: Don’t Let It Happen to You

Posted by: MCVLawBlog In: Workers Compensation 27 Dec 2016 Comments: 0

NY State Workers’ Compensation Law states that anyone who files a claim for Workers’ Compensation and “knowingly makes a false statement… as to a material fact…shall be disqualified from receiving any compensation directly attributed to such false statement.”

In short, this means that if you intentionally lie about your Workers’ Comp. claim, you may be denied benefits. The Workers’ Compensation Board can also decide to permanently disqualify someone from getting any Workers’ Comp. benefits in the future.

This part of NY Workers’ Compensation Law, Section 114-a, took effect in 1996 and continues to be a problem for working people with Workers’ Compensation claims. Some examples that are included as part of this law:

When an injured worker doesn’t report doing something that’s legally considered work
When an injured worker doesn’t include relevant information in their claim
When an injured worker misrepresents their condition

NY Workers’ Compensation Law: A Case To Learn From

A recent Section 114-a case included a man who hurt his shoulder on January 2013. This worker continued to work light duty until May 2013, when he had surgery for his injuries. Following the surgery, the injured worker received temporary total disability benefits until he returned to work on October 2013.

The Injured Workers’ Employer Claimed Section 114-A of NY Workers’ Compensation Law

The injured worker’s employer claimed that the injured worker violated Section 114-a. This violation was based on the fact that the worker was caught on video using a riding lawnmower and weed trimmer from July and August 2013.

During a Workers’ Compensation hearing, the injured worker stated that he owned and operated his own lawn care and plowing business since 1994. During this hearing, the injured worker admitted that he did lawn care services twice a week while at the same time collecting lost wage benefits from Workers’ Compensation. The injured worker stated during the hearing that he told his surgeon that he worked part-time for his lawn business. The injured worker also said that the surgeon told him that he could do work for his lawn business as long as he limited his activities to things that didn’t require him to lift his injured arm above his shoulder. The injured worker said at the hearing that both he and his surgeon believed that the temporary total disability only applied to his regular work. The injured worker’s statements were supported by his doctor’s medical records.

The injured worker also stated at his hearing that while he collected temporary total disability benefits he asked his employer to return to work on light duty. The injured worker was told he could not return to work until his doctor cleared him.

The Independent Medical Exam

In July 2013, the injured worker received an independent medical exam, also known as an IME. The injured worker wrote on his intake form for the IME that he was not working or volunteering. At his hearing, the injured worker said that he misunderstood the intake form and thought that the form was asking if he was working at his primary job.

The Decision: The Injured Worker Violated NY Workers’ Compensation Law

The Workers’ Compensation Law Judge ruled that the injured worker did not violate Section 114-a. However, the decision was appealed. Then, the Board Panel reversed the original decision and ruled that the injured worker did violate Section 114-a. Because of this, the Board Panel ruled that the injured worker should be denied benefits. The Board Panel also ruled that the injured worker would be permanently disqualified from receiving future wage replacement benefits.

The injured worker then appealed the decision to the Appellate Division of the Third Department. The Appellate Division of the Third Department ruled that the injured worker did violate Section 114-a of NY Workers’ Compensation law. However, The Appellate Division ruled that a trial court should decide if the injured worker should be permanently disqualified from benefits. The Appellate Division reasoned that the penalty for breaking the law should not be disproportionate to the alleged wrongdoing.

NY Workers’ Compensation Law, Section 114-A & Volunteering

It’s pretty common for injured workers to be self-employed, have a side business or volunteer for local organizations like the American Legion or Fire Department. However, all of these activities could result in being accused of violating Section 114-A.

Violating Section 114-A of NY Workers’ Compensation law can have serious consequences. Injured workers could lose benefits and be banned from receiving future benefits. Because of this, it’s very important for injured workers to talk to their workers’ compensation lawyers, their doctors and IME doctors before doing any work, volunteering or otherwise. This work could violate Section 114-A, making it hard for injured workers to provide for themselves or their families.

Get Help from NY Workers’ Compensation Lawyers

MCV Law’s experienced workers’ compensation lawyers have helped protect the rights of injured workers for over 30 years. To get help from experienced, award winning workers’ compensation lawyers, contact us for a free initial consultation.

Social Security Backlog

Posted by: MCVLawBlog In: ssdi 02 Sep 2016 Comments: 0

For those individuals waiting for their Social Security Disability claims to be scheduled for a hearing, they are painfully aware of how long it is taking. President Obama has requested funding for 2017 that would allow Social Security to begin reducing the disability claims backlog and to reduce other agency service delays. This request for funding is being met with resistance by Congress.

If you or a friend or family member has or is suffering through this ridiculously long process, I urge you to contact your Congressional Representatives and urge them to vote to fully fund the Social Security Administrations operating budget, at the levels requested in the President’s 2017 Budget. The cost of this backlog is devastating to people with disabilities who are struggling to make ends meet while they wait for decisions in their cases. Without adequate funding, the wait times will only increase. We cannot afford a Social Security Administration that is underfunded and understaffed.

New York 24th Congressional District
John Katko
440 S. Warren Street. #711
Syracuse, New York 13202
315-423-5657
https://katko.house.gov/

New York 22nd Congressional District
Richard Hanna
49 Court Street Suite 230
Binghamton, New York 13901
315-723-0212

Utica Office: 258 Genesee Street
Utica, New York 13502
315-724-9740
http://hanna.house.gov/

New York 21st Congressional District
Elise Stefanik
88 Public Square
Suite A
Watertown, New York 13601
315-782-3150
https://stefanik.house.gov/

Sen. Charles Schumer
100 South Clinton Street
Room 841
Syracuse, New York 13261
315-423-5471
www.schumer.senate.gov

Sen Kristen Gillibrand
100 South Clinton Street
Room 1470
P.O. Box 7378
Syracuse, New York 13261
315-448-0470
www.gillibrand.senate.gov

NADR Legislative Committee Asks for Your Help.

Based on what we’re hearing from the Hill and the Administration, the NADR believes that it’s urgent for advocates reach out directly to their Members of Congress as soon as possible in support of adequate appropriations for the Social Security Administration (SSA). As you know, SSA’s disability hearings backlog is now at record levels, with over 1 million people waiting over 575 days, on average. The human cost of this backlog is horrific as people with disabilities struggle to pay their bills, get the supports and services they need, and make ends meet while waiting. Without adequate funding, this crisis will only become more severe.

President Obama has requested funding for 2017 that would allow Social Security to begin reducing the disability claims backlog and to reduce other agency service delays.

Call your Members of Congress. Tell them:

I urge you to vote to fully fund the Social Security Administration’s operating budget, at the levels requested in President Obama’s 2017 budget.
Today, over 1 million people with disabilities are waiting over 575 days on average for a hearing on their Social Security and Supplemental Security Income disability claims. This is an all-time high. Most people have little to no income while waiting for a hearing, and run the risk of financial ruin and worsening health the longer they wait.
Social Security’s operating budget has been reduced by 10 percent from 2010 levels. Any further cuts will lead to even longer, more devastating waits and reduced service to the public.
Americans cannot afford a Social Security Administration that is underfunded and understaffed.
Please ensure that Social Security’s operating budget is fully funded for 2017 at levels the President has requested.

NADR Legislative Co-Chairs
Art Kaufman and Scot Whitaker

Workers’ Compensation Doctors: Need To Know Facts

Posted by: MCVLawBlog In: Workers Compensation 30 Jun 2016 Comments: 0

What are Workers’ Compensation Doctors?

Workers’ compensation doctors are medical providers who provide medical care and treatment for recipients of NY Workers’ Compensation benefits. This includes doctors, chiropractors, physical therapists, physicians’ assistants, nurse practitioners, nurses and other associated medical professionals.

Workers’ Compensation Doctors Role In Your Case

Workers’ compensation doctors are important to your workers’ compensation case. In addition to providing treatment for your injuries, workers’ compensation doctors assist in your return to work. Through medical reports and documenting your medical history and progress related to your workers’ compensation injuries, workers’ compensation doctors provide important evidence for your case.

When to See Workers’ Compensation Doctors

You should seek treatment from workers’ compensation doctors immediately after a work related injury or medical condition is recognized. Having a complete history of your work related medical condition will provide important evidence to your workers’ compensation case. Identifying a work related injury as soon as it happens and seeking medical treatment for this injury is important because it documents the progress of your health as it relates to your workers’ compensation claim.

If you believe you may have an injury or medical condition that relates to your work, you should talk to a workers’ compensation doctor as soon as possible, as they can evaluate if your condition was caused by your job. If you may have developed an occupational disease or illness, tell your doctor about the substances or chemicals that you work with. If you’re not sure about the specifics of the chemicals or substances you work with, you may be able to get this information from a Material Safety Data Sheet (MSDS) that relates to the specific substances that are involved in your job.

Often, people don’t know they have a workers’ compensation claim until their doctor notices a condition is related to a patient’s occupation. For example, you may notice hand pain that keeps you up at night, but your doctor may be the one who identifies this as Carpal Tunnel Syndrome that develops from your job as a secretary.

Workers’ Compensation Doctors & Pre-Existing Conditions

You should inform your doctor of any pre-existing conditions or history of injuries. Even if you’ve had a similar injury in the past, it’s very important to be honest with your doctor about your medical history. Your work related injury could have resulted in a permanent impairment that was not caused from prior injuries. If you don’t tell your workers’ compensation doctors about your past similar injuries, this can lead to greater problems later on in your case, such as allegations of fraudulent conduct. It’s important to be consistent, accurate and thorough with your documentation of prior injuries throughout your workers’ compensation claim, especially on forms, such as the C-3 Employee Claim form.

Choosing Your Workers’ Compensation Doctors

You have the right to choose your own workers’ compensation doctors, provided these workers’ compensation doctors are authorized by the New York State Workers’ Compensation Board.

Who Are Authorized Workers’ Compensation Doctors?

A list of authorized medical providers is available at the New York State Workers’ Compensation Board website.

What’s Expected of Your Workers’ Compensation Doctors?

Workers’ compensation doctors are required to report their findings through the use of New York Workers’ Compensation Board prescribed forms. Additionally, workers’ compensation doctors must comply with Medical Treatment Guidelines, such as pursuing variances and approvals when needed.

Covered Costs For Seeing Workers’ Compensation Doctors

Workers’ compensation can cover the cost of your work related injury’s prescriptions, medical supplies (like crutches or bandages), mileage to and from workers’ compensation doctor appointments and parking costs related to seeing your workers’ compensation doctors.

Workers’ compensation benefits also covers medical care that’s both causally and consequentially related to your work related injury. For example, if you’ve injured your knee in a fall at work, then injured your hand while rehabbing your work related knee injury, workers’ compensation can cover the related medical expenses for treating both your original knee injury as well as the subsequent hand injury.

Get Copies of Your Medical Reports From Your Workers’ Compensation Doctors

Your medical reports are a central part of your workers’ compensation claim. Because of this, you should get copies of your medical reports from your workers’ compensation doctors prior to filing your claim. This helps your case by providing medical evidence of your work related medical condition.

Workers’ Compensation Doctors & Independent Medical Exams (IME)

The insurance carrier involved in your workers’ compensation claim may have your work related injuries looked at by an Independent Medical Examiner (IME). Independent Medical Examiners are used to verify that your injuries or medical condition are caused by your job. Because of this, it’s very important to provide an IME with a comprehensive history of how your work related injury occurred and the results of that injury. The information you provide in the IME should be consistent with the information in your medical history. If this information has changed, it’s important to your case that you explain to the IME why this information has changed.

Have Questions? Get A Free Initial Consultation

Workers’ compensation is complex. Knowing how to navigate requirements related to workers’ compensation doctors is very important to the success of your workers’ compensation claim.

For over 30 years, MCV Law’s workers’ compensation lawyers near Syracuse, NY have guided injured workers through the NY workers’ compensation process, making the process less confusing and stressful for our satisfied clients.

For a free initial consultation with our workers’ compensation lawyers, contact us.

Social Security Fraud Advisory

Posted by: MCVLawBlog In: Social Security, ssdi 02 Mar 2016 Comments: 0

Social Security Warns Public about Text Phishing Scheme Targeting Disability Applicants and Beneficiaries

Social Security is warning people who have applied for Social Security benefits, or who are receiving Social Security benefits, about a text “phishing” scheme that has recently started. SSA has received reports from Disability Representatives indicating that some of their clients are receiving suspicious text messages, asking them to call a telephone number for information about their Social Security disability benefits, or about their disability claim, or about their disability hearing. This appears to be happening in a number of different cities and states.

According to these reports, individuals posing as Government officials have sent texts to several Social Security disability applicants and beneficiaries in an attempt to elicit a response—possibly to obtain their personal and financial information. These texts are being sent to many phone numbers, hoping someone will respond and give out personal information. Some of the texts may use language like:

“Disability Alert: Please call xxx-xxx-xxxx regarding your recent disability benefits application.”
“Disability Alert: Please call xxx-xxx-xxxx about your disability claim or your hearing may be delayed.”
“We are working on your disability case and we would like to speak to you. Please call xxx-xxx-xxxx.”

If someone asks you to give them any personal information, do not give out any information.

Social Security will never send you an unsolicited text message about your application for benefits. Social Security will never send you an unsolicited text message about your hearing asking for personal information. Social Security will never send you an unsolicited text message to get personal information about benefits you are already getting. Social Security already has your personal information!!

You should never provide your Social Security number, birth date, bank account numbers, or other personal information to someone who calls, emails or texts you unless you know the person asking for that information. Social Security representatives may call to follow up on a benefit application, or might call to remind you about a hearing date and time—but they will not send unsolicited text messages—and they usually will not ask for personal identifiers or financial information. There are many different versions of this type of phishing scheme which could lead to identity theft or Social Security benefit theft.

IF YOU RECEIVE A TEXT MESSAGE, E-MAIL, OR PHONE CALL FROM ANYONE CLAIMING TO BE FROM SOCIAL SECURITY OR ANY OTHER GOVERNMENT AGENCY REQUESTING PERSONAL INFORMATION, PLEASE CALL OUR OFFICE IMMEDIATELY AT 315-471-1664.

SSDI Eligibility: How Is Disability Defined? How Can Someone Make A Disability Benefit Claim?

Posted by: MCVLawBlog In: Social Security, ssdi 22 Jan 2016 Comments: 0

How Is Disability Or Impairment Defined By The Law And Who Determines The Qualification for SSDI Eligibility?

Social Security defines disability as the inability to engage in substantial gainful activity by reason of any medically determinable physical and/or mental impairment which can has lasted or can be expected to last for at least 12 months or result in death.

A medically determinable impairment is an impairment resulting from anatomical, physiological or psychological abnormalities which can be measured by medically acceptable clinical and laboratory diagnostic techniques. . The medical evidence must show signs,

The Social Security Regulations provide a five step sequential evaluation process for determining disability.

Are There Any Certain Medical Conditions That Would Be Approved For SSDI Eligibility Automatically?

Yes. Social security has what’s called a listing of impairments. These listings include a number of physical and mental impairments, that will automatically qualify an individual for Social Security Disability benefits (SSDI) or Supplemental Security benefits (SSI), if the individual’s condition meet or equals the specific criteria for a listing.

What Kind Of Evidence Is Used To Evaluate And Decide Someone’s Disability Benefits Claim? What Are They Looking At?

You have the burden of proving you are disabled. You will need medical records from acceptable medical sources who have treated you. The preference is for evidence from physicians who have treated you. Social Security also looks for any diagnostic testing such as: MRIs, CT scans, Nerve Conduction studies, etc. it is also important to have Opinion evidence from your doctors as to the severity of your symptoms as well as the limitations that you have from your condition that limits your ability to work.

When And How Does Someone Apply For Social Security Disability?

The application process can take about 4 to 6 months, so you should apply as soon as you are told that your condition will prevent you from working for at least 12 months or is terminal.

There are several ways to apply for benefits:

Apply online at http://ssa.gov/applyfordisability.
Call Social Security at 1-800-772-1213.
Visit your local Social Security office to file your application.

What Is Social Security Disability? What Are The Eligibility Requirements For SSD?

Posted by: MCVLawBlog In: Social Security, ssdi 22 Jan 2016 Comments: 0

What Is Social Security Disability?

Social Security Disability is a federal benefits program, managed by the Social Security Administration that provides monthly benefits for disabled workers and certain members of their family. To be eligible for Social Security benefits, you must be insured, meaning you have to have earned a certain number of work credits.

You must have a severe impairment or combination of impairments that meets Social Security’s definition of disability. Your condition must be severe in that it interferes with your ability to do basic work activity and must have lasted or be expected to last at least 12 months.

The program also provides medical insurance in the form of Medicare benefits after an individual has been on Social Security Disability for the period of 24 months.

What Is The Difference Between Social Security Disability Insurance And Supplemental Security Income Or SSI?

Social Security Disability and Supplemental Security Income or SSI, are two disability programs administered by the Social Security Administration.

The primary difference is that the Social Security Disability program provides benefits based upon an individual’s work history, whereas the SSI is a need-based disability program that provides monthly benefits to people over 65 who have little income, are blind or disabled.

SSI defines disability the same way as Social Security Disability, but it again applies to people with limited income and assets. To meet SSI income requirements, you must have less than $2000 in assets ($3000 if a couple) and no or very limited income.

Most people who qualify for SSI will also receive Medicaid from the state in which they live. There is no waiting period for SSI benefits.

What Are The Eligibility Requirements For Social Security Disability?

You have to be insured for the benefits, meaning you’ve had to work for enough quarters and pay the Social Security tax. You must show that you have a severe impairment or a combination of impairments that has prevented you from working for a period of at least 12 months or is likely to keep you from working for a period of at least 12 months or end in your death.

The impairment is such that it renders you disabled for any jobs that you’ve held in the past 15 years, and that you are incapable of doing any other work in a meaningful way because of your impairment.

What Does Renter’s Insurance Cover?

Posted by: MCVLawBlog In: Real Estate 13 Nov 2015 Comments: 0 Tags: renter's insurance, syracuse attorney's, syracuse lawyer

I recently discussed in the past on my blog that everyone who rents an apartment or a house should have renter’s insurance. A landlord’s insurance will only cover what a landlord owns, and will be limited to the land and the physical structures on the land. Any of your personal property, will not be covered by your landlord’s insurance company.

I would note that damage from an earthquake or flood will likely not be covered. In fact, any hazard that is not specifically mentioned, like water damage from faulty plumbing, if it is not specifically stated in your policy, will not be covered. In addition, if you own something valuable, like jewelry, artwork or antiques, you will need additional insurance specifically covering the special item.

People often ask how much renter’s insurance should they purchase. The answer depends on how valuable are your personal belongings. $2,000 would be sufficient for some people, while $100,000 would not be enough for others. You might want to do some research into how much your possessions are worth before you determine how much renter’s insurance you need. Some possessions, like antiques, may require an appraisal.

In addition, you may want to inventory your most valuable possessions. It would be helpful if you took photos and kept purchase receipts. The inventory should be kept outside your home so they are not destroyed by whatever happened to the rest of your belongings.

Renter’s insurance is well worth the cost should something happen to your home.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001. Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability. Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America. Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association. Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.